Burks v. Union Pac. R.R. Co., No. 14-2707 (7th Cir. 2015)
Annotate this CaseBurks and Jones were hired as Union Pacific “Signal Helpers.” During orientation in January 2011, they were informed that they would be employed through December 2015, or until the company “moved in a different direction.” The position carried a 90-day probationary period; they were subject to a collective bargaining agreement. They were the only African-American members of their class. On February 9, 2011, Burks was told that “it wasn’t working out.” Burks lodged a complaint with Schop in Union Pacific’s Equal Employment Opportunity department alleging racial discrimination. Schop found no evidence that Burks was fired because of his race, but concluded that he had not been given an opportunity to improve and offered reinstatement in exchange for a general release with a new 90-day probationary period. Burks signed and returned to work. Burks worked for seven days before requesting a transfer. He was transferred and completed his probationary period, but was later notified that Union Pacific abolished the Signal Helper position, effective October 2011. Jones had similar experiences. The district court granted summary judgment, rejecting claims that Union Pacific denied an opportunity to take a test that was required for promotion, based on impermissible retaliation for complaints of discrimination. The Seventh Circuit affirmed, finding no evidence that positions within the seniority district became available during the relevant period.
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